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Man banned from driving for 10 years

Cara Loverock
Northern News Services
Published Friday, May 29, 2009

SOMBA K'E/YELLOWKNIFE - A Yellowknife man who drove while heavily intoxicated and then refused to give a breath sample to police was jailed on May 20 and prohibited from driving for 10 years.

Clifford Johnstone, a 40-year-old with 47 previous convictions, pleaded guilty to driving while disqualified and refusing to give a breath sample to RCMP.

According to Crown prosecutor Mike Himmelman, police were called to 50 Street on April 22 after a woman reported her car possibly being hit by a truck outside the Gold Range bar. She said she was in the car and that a truck had either hit her vehicle or had come very close.

RCMP waited at the scene and followed the truck in question when it drove onto Franklin Avenue. Himmelman said police noticed the vehicle swerve to the left "with no apparent reason."

He said the truck then "drove up and over the curb as it turned right," and then stopped for police. Himmelman said police smelled a strong odour of liquor on Johnstone, the driver, and "his speech was so slurred the officer couldn't understand what he was saying at first."

Johnstone was put in the police vehicle and fell asleep in the back seat. He was woken up by the RCMP officer who was asking for his name. He did not have a driver's licence as he was disqualified from driving at the time and was also on court conditions to keep the peace and be in good behaviour in relation to a pending assault charge in Alberta.

Johnstone was taken to the RCMP detachment where he refused requests for a breath sample because "he wanted to go to jail so he could go to sleep," said Himmelman.

Himmelman requested a life-long driving prohibition for Johnstone, noting the scores of previous convictions.

"I take full responsibility for my action," said Johnstone, apologizing to the court and his family.

"All of this is your own doing," said Chief Judge Brian Bruser. "You do not appear to care about the law, but the law cares very much about you."

Johnstone will serve one year in jail for the two charges, counting 58 days credit for the time he spent in custody before his conviction, and is prohibited from driving for 10 years.

"You've already caused bodily harm with your driving. Somebody's death may be next," said Bruser.